Refugees in Hong Kong
Encyclopedia
Article 14 of the Universal Declaration of Human Rights
specifies that "everyone has the right to seek and enjoy asylum abroad from persecution."
At the end of April 2006, the UN refugee
Agency, also called the UNHCR http://www.unhcr.org/home.html stated that there were 1473 asylum seekers in Hong Kong
waiting for a decision. 24,7% of them were women and 23,9 % were children. The Hong-Kong UNCHR receives 150 to 160 applications a month. Ninety percent of the asylum seekers in Hong-Kong come from south Asia (India, Pakistan, Sri Lanka, Indonesia, Philippine, Nepal), 9% come from Africa (Congo, Liberia..) and 1% come from other regions.
There are few Non Governmental Organizations who take care of these refugees in Hong-Kong. The most active one is Christian Action which provides shelter, food, counsel and medical aid.
RSD Watch http://rsdwatch.org/ estimated that of 798 cases decided by UNHCR in Hong-Kong in 2004, there was an 18% success rate. Some cases can make an appeal, but due to the UNCHR's backlog, some asylum seekers spend years in HK waiting for their case to be processed.
In 2004, Christian Action opened a service center and a shelter at Chung King Mansions in Kowloon, Hong Kong to help the refugees. Churches and other faith based organizations continue to provide housing, breakfast, hot dinners for 40 to 50 people daily. They also provide Internet access, Language (English, Cantonese) and computer skills courses and provide homework support for the children. Sports activities are organized.
Refugees also benefit from physical and mental health assistance. Many asylum seekers suffer from trauma due to persecution and torture, as well as due to poor nutrition and physical injuries, consequences of being homeless. They suffer sometimes from insomnia, memory loss, and digestive problems. The UNHCR has staff to cope with refugees that have suffered from sexual and gender related problems. Another group dealing with North Korean and Uyghur refugees in the region is Human Rights Without Frontiers.
Another notable organisation is the Hong Kong Refugee Advice Centre ('HKRAC'). The Centre was founded in 2005 as part of the Refugee Advice Unit of Christian Action but became "independent" from Christian Action in 2007. HKRAC offers free advice to asylum seekers in relation to their refugee status application and in most cases, will designate a proper case-worker to prepare their testimony, accompany them during their interview with UNCHR, and make representation on their behalf at the end of the interview. HKRAC is a non-profit, non-governmental organisation and is completely independent from the UNHCR and the HKSAR government.
Vision First is a grassroots NGO promoting the welfare of asylum seekers and refugees (AS&R) in Hong Kong. Founded in 2009, Vision First is run on 100% volunteer participation, that works by connecting resources within the community to assist the most vulnerable AS&R with housing, medical and dental care, counseling services, public awareness and advocacy. With a strong outreach program taken to clients' home to learn about their problems and devise creative solutions, Vision First guarantees 100% of donations go directly to the most vulnerable AS&R. In September 2010 they organized Hong Kong first "Asylum Seeker & Refugee Forum," which was a chance for this displaced group to meet the agencies and NGOs supporting them, to share updates and expressed their needs and preoccupations.
or the Protocol Relating to the Status of Refugees (The Refugee Convention http://www.unhchr.ch/html/menu3/b/o_c_ref.html), Hong-Kong even after the 1997 handover is not bound to these treaties.
In the past, the Hong-Kong government put into force some legislation toward refugees but only for targeted actions, such as to control flows of Vietnamese refugees in the late 1990s http://www.searac.org/vietref.html. This legislation was ended in 1998. Asylum seekers are sometimes detained for overstaying their visa. In June 2006, some refugees detained in the Castle Peak Detention Center went on a hunger strike to protest against their very long imprisonment.
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
specifies that "everyone has the right to seek and enjoy asylum abroad from persecution."
At the end of April 2006, the UN refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
Agency, also called the UNHCR http://www.unhcr.org/home.html stated that there were 1473 asylum seekers in Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
waiting for a decision. 24,7% of them were women and 23,9 % were children. The Hong-Kong UNCHR receives 150 to 160 applications a month. Ninety percent of the asylum seekers in Hong-Kong come from south Asia (India, Pakistan, Sri Lanka, Indonesia, Philippine, Nepal), 9% come from Africa (Congo, Liberia..) and 1% come from other regions.
There are few Non Governmental Organizations who take care of these refugees in Hong-Kong. The most active one is Christian Action which provides shelter, food, counsel and medical aid.
RSD Watch http://rsdwatch.org/ estimated that of 798 cases decided by UNHCR in Hong-Kong in 2004, there was an 18% success rate. Some cases can make an appeal, but due to the UNCHR's backlog, some asylum seekers spend years in HK waiting for their case to be processed.
Who is a refugee?
According to article 1A(2) of the Geneva Convention, a refugee is a person who ‘owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside his country of nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country, or who, not having a nationality and being outside the country of his former habitual residence is unable or, owing to such fear, is unwilling to return to it.'Assistance to the refugees
The Hong Kong Government provides accommodation, food, transportation allowance, clothing, medical help and daily living needs to asylum seekers.In 2004, Christian Action opened a service center and a shelter at Chung King Mansions in Kowloon, Hong Kong to help the refugees. Churches and other faith based organizations continue to provide housing, breakfast, hot dinners for 40 to 50 people daily. They also provide Internet access, Language (English, Cantonese) and computer skills courses and provide homework support for the children. Sports activities are organized.
Refugees also benefit from physical and mental health assistance. Many asylum seekers suffer from trauma due to persecution and torture, as well as due to poor nutrition and physical injuries, consequences of being homeless. They suffer sometimes from insomnia, memory loss, and digestive problems. The UNHCR has staff to cope with refugees that have suffered from sexual and gender related problems. Another group dealing with North Korean and Uyghur refugees in the region is Human Rights Without Frontiers.
Another notable organisation is the Hong Kong Refugee Advice Centre ('HKRAC'). The Centre was founded in 2005 as part of the Refugee Advice Unit of Christian Action but became "independent" from Christian Action in 2007. HKRAC offers free advice to asylum seekers in relation to their refugee status application and in most cases, will designate a proper case-worker to prepare their testimony, accompany them during their interview with UNCHR, and make representation on their behalf at the end of the interview. HKRAC is a non-profit, non-governmental organisation and is completely independent from the UNHCR and the HKSAR government.
Vision First is a grassroots NGO promoting the welfare of asylum seekers and refugees (AS&R) in Hong Kong. Founded in 2009, Vision First is run on 100% volunteer participation, that works by connecting resources within the community to assist the most vulnerable AS&R with housing, medical and dental care, counseling services, public awareness and advocacy. With a strong outreach program taken to clients' home to learn about their problems and devise creative solutions, Vision First guarantees 100% of donations go directly to the most vulnerable AS&R. In September 2010 they organized Hong Kong first "Asylum Seeker & Refugee Forum," which was a chance for this displaced group to meet the agencies and NGOs supporting them, to share updates and expressed their needs and preoccupations.
Domestic law and treaties
Hong-Kong has no domestic legislation to determine the fate of asylum seekers. Though China is a signatory of the 1951 Geneva Convention Geneva ConventionsGeneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
or the Protocol Relating to the Status of Refugees (The Refugee Convention http://www.unhchr.ch/html/menu3/b/o_c_ref.html), Hong-Kong even after the 1997 handover is not bound to these treaties.
In the past, the Hong-Kong government put into force some legislation toward refugees but only for targeted actions, such as to control flows of Vietnamese refugees in the late 1990s http://www.searac.org/vietref.html. This legislation was ended in 1998. Asylum seekers are sometimes detained for overstaying their visa. In June 2006, some refugees detained in the Castle Peak Detention Center went on a hunger strike to protest against their very long imprisonment.
The task of the UNCHR
As Hong Kong does not have its own refugee status determination system, the UNCHR of Hong Kong is responsible for determining asylum application pursuant to the mandate given in its statute to provide international protection to refugees. There are different steps in the application process:- Claim is made and the asylum seeker is interviewed (request for advisers or legal representatives to be present has sometimes been denied)
- Status is determined by the UNHCR.
- Status is granted or denied (no detailed reasons are given if denied)
- An appeal can be made within the field office.